How Title VII is Changing with Trump Administration’s Anti-Trans Announcement

As we celebrated National Coming Out Day this past Wednesday, rainbow flags were all over Instagram, comments filled with the courage of LGBTQ+ people and the strength in living one’s own truth. Yet this annual celebration took a somber tone as the LGBTQ+ community mourned over Attorney General Session’s announcement on Title VII earlier this weekend. 

Title VII, better known as Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination. Under Title VII, a person cannot be discriminated within the workplace on the basis of sex, race, color, national origin, religion, age or ability. Specifically, Title VII prohibits employment discrimination against protected classes in companies with fifteen or more employees, including federal, state, and local governments as well as educational institutions, such as private and public colleges and universities. 

Previously, the Equal Employment Opportunity Commission (EEOC) considered discrimination on the basis of gender identity applicable through the protected class of “sex”. In 2012, the EEOC ruled that discrimination on the basis of sex included sex stereotyping, discomfort with an individual’s transition, or a perceived change in an individual’s sex. By 2014, efforts had been made by the EEOC to increase awareness of Title VII protection of both sexual orientation and gender identity. The Department of Justice later affirmed this statement, in the hopes to “foster fair and consistent treatment for all claimants.  And it reaffirms the Justice Department’s commitment to protecting the civil rights of all Americans”. On July 21, 2014, President Barack Obama amended two previous executive orders on federal contract employment by adding gender identity to the list of protected classes. It was suspected that federal recognition of sexual orientation and gender identity was on its way and that the classes would soon be added to the list of federally protected classes.  

Early in the Trump administration, these hopes were dissolved with a statement from the DOJ stating that Title VII “does not cover discrimination based on sexual orientation”. Followed by Trump’s reversal on Obama’s bathroom protection for trans students, and his directive to remove trans service members from the military – Attorney General Session’s announcement revoking Title VII privileges to trans Americans is considered by civil rights activists yet another attempt to remove the rights of transgender citizens, now in the realm of employment. 

Over the weekend, Sessions and the DOJ interpreted Title VII once again, this time reversing all previous statements as “Title VII’s prohibition on sex discrimination encompasses discrimination between men and women but does not encompass discrimination based on gender identity per se, including transgender status”. This new statement was intended to realign the Justice Department with the law as written by Congress, which had been “deviated” by the Obama Administration. Although the memo does not explicitly condone gender identity discrimination, the shift in tone from the Trump administration signals anxiety and fear for trans individuals across the country. 

Within the state of Utah, several organizations are already taking the lengths to prevent gender identity discrimination in Utah workplaces. Between campus organizations and non-profit civil rights groups downtown, there are a myriad of resources and events to support trans employees all throughout the valley. 

Troy Williams, Executive Director of Equality Utah told HerCampus that in regards to LGBTQ+ rights “there’s no quick fix to our current situation”, yet college activists should focus on the long term. “We need to win elections, win back political power, and have our voices heard. It may not be as sexy as going to protests or rallies, but we need to take the energy raised in the marches earlier this year and channel it into legislation and real results”. In regards to trans protection in the workplace, Equality Utah recently successfully lobbied and passed an amendment to the Utah Antidiscrimination Act and Utah Fair Housing Act to include sexual orientation and gender identity as “prohibited bases for discrimination in employment”. 

Equality Utah is deeply invested in getting LGBTQ+ citizens involved in politics to create legislative results through their Wellstone Action workshop at the University of Utah. The workshop will be held next week at the Peterson Heritage Center and will focus on preparing interested individuals on how to run for public office in Utah. Partial scholarships for the program are available upon request for U students. 

Within the University specifically, trans students can turn to several campus resources for legal aid regarding employment discrimination and student-based support systems. The Union houses the LGBT Resource Center, which dedicates its services to the well-being of queer students on campus. Walk-ins are more than welcome to spend time at the resource center, getting information, and enjoying the inviting safe space. The resource center has compiled several trans resources on their website, including University policies and contacts within the University. Events on gender and sexuality within the next month include the Open Gender & Sexuality Workshop which explore concepts of sexual and gender identity, privilege, and oppression through an interactive forum.

For students of color seeking intersectional support, the LGBT Resource Center advises the Queer & Trans Students of Color, a student group which “provide[s] a space for voices of intersecting identities of gender, sexuality, and ethnicity”. The student group meets the first and third Wednesday of each month in the Audre Lorde Unity Lounge in the Union Building.  

Another University based resource is the Office of Equal Opportunity/Affirmative Action which provides a “fair and equitable environment” for individuals, providing legal resources for those impacted by discrimination and hostile workplace environments. As a client of the OEO/AA, one can expect a consultation on the possible discrimination and harassment, an investigation on the complaint, as well as education on the rights of an individual. Within the OEO website, there are discrimination complaint forms, University policies, and federal and state resources. 

As a University, we must stand up against transphobic legislation as it seeps its way into the many facets of our lives. It is inhumane to target and ostracize minority groups within our communities through widespread declarations that revoke influential rights of citizens. So as we remember the joy and festivities that come with national holidays such as Coming Out Day, we must also stay persistent in our cause. As the great trans activist Marsha P. Johnson once said, there is “no pride for some of us without liberation for all of us”. It is time we liberate our University.